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U.S. Constitution
See other U.S. Constitution Articles

Title: Early draft of the Constitution found in Philadelphia
Source: Philly.com
URL Source: http://www.philly.com/philly/news/n ... stitution_found_in_Phila_.html
Published: Feb 2, 2010
Author: Edward Colimore
Post Date: 2010-02-02 10:14:18 by A K A Stone
Keywords: None
Views: 996
Comments: 2

Researcher Lorianne Updike Toler was intrigued by the centuries-old document at the Historical Society of Pennsylvania.

On the back of a treasured draft of the U.S. Constitution was a truncated version of the same document, starting with the familiar words: "We The People. . . ."

They had been scribbled upside down by one of the Constitution's framers, James Wilson, in the summer of 1787. The cursive continued, then abruptly stopped, as if pages were missing.

A mystery, Toler thought, until she examined other Wilson papers from the Historical Society's vault in Philadelphia and found what appeared to be the rest of the draft, titled "The Continuation of the Scheme."

The document - one of 21 million in the Historical Society's collection - was known to scholars, but probably should have been placed with the other drafts, said constitutional scholar John P. Kaminski, director of the Center for the Study of the American Constitution in the history department at the University of Wisconsin-Madison.

"This was the kind of moment historians dream about," said Toler, 30, a lawyer and founding president of the Constitutional Sources Project (www.ConSource.org), a nonprofit organization, based in Washington, that promotes an understanding of and access to U.S. Constitution documents.

"This was national scripture, a piece of our Constitution's history," she said of her find in November. "It was difficult to keep my hands from trembling."

As other researchers "realized what was happening, there was a sort of hushed awe that settled over the reading room," Toler said. "One of them said the hair on her arms stood on end."

Two drafts of the Constitution in Wilson's hand had been separated from his papers long ago. One of them included the beginning of still another draft and was apparently seen as part of a single working version, instead of a separate draft.

Toler said "The Continuation of the Scheme," including its provisions about the executive and judiciary branches, completes that draft, making it a third.

She "found a document that was sort of buried in its right place, but not taken out by an archivist for special treatment," said Kaminski, the constitutional scholar. "This is a valuable document. It is in Wilson's hand, and it was in Wilson's papers, where it should have been."

With so many historical documents "going online, you don't have that kind of discovery in an archives," he added. "I can understand why [Toler] would be excited."

For Nathan Raab, a member of the Board of Councilors of the Historical Society, the documents are reminders "of the great depth of the archives there and the emotional power of holding a piece of history in your hand."

"The Continuation of the Scheme" and countless other documents had been evaluated by scholars decades ago before being carefully filed away at the Historical Society at 13th and Locust Streets.

"Perhaps this one should have been placed with the other drafts," said Lee Arnold, senior director of the library and collections at the Historical Society. "We may do that, but no decision has been made.

"We want to look at it more thoroughly," he said. "In the end, though, [the document] is perfectly fine."

The drafts of the Constitution in Wilson's hand were removed from his other papers and placed in Mylar and acid-free folios and have been occasionally displayed.

"The Continuation of the Scheme" document "was safe and preserved, but not given the prominence," said Kaminski, chief editor of the book The Documentary History of the Ratification of the Constitution.

"Wilson was a great man and one of the great founders and should be respected for that," he said. "We owe him our gratitude for the role he played."

Wilson, who lived in Philadelphia, was selected July 24, 1787, with four other members of the Constitutional Convention to serve on the Committee of Detail.

The committee - which also had John Rutledge, Edmund Randolph, Nathaniel Gorham, and Oliver Ellsworth - used 28 resolutions passed by members of the convention to flesh out the Constitution.

They finished their work and presented it Aug. 6, 1787, to the Constitutional Convention. It included Wilson's famous "We the People" beginning.

Seeing the framers' drafts and thought processes leading up to that point was especially thrilling to Toler, who is studying at Oxford University, where she is seeking a doctorate in U.S. history and specializing in constitutional legal history.

"The Constitution may be the most important document written in modern history," said Toler. "It is the longest-standing written constitution and the basis for most of the constitutions in the world."

After finding the draft, "I felt like an actor in the movie National Treasure, but [actor] Nicolas Cage was nowhere to be found," Toler added.

"However, what I found was a national treasure - the real national treasure."

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#1. To: A K A Stone (#0)

This, Mr. President, is not a government founded upon compact; it is founded upon the power of the people. They express in their name and their authority, "We the People do ordain and establish," &c., from their ratification, and their ratification alone it is to take its constitutional authenticity; without that it is no more than tabula rasa.

I know very well all the common-place rant of State sovereignties, and that government is founded in original compact. If that position was examined, it will be found not to accede very well with the true principle of free government. It does not suit the language or genius of the system before us. I think it does not accord with experience, so far as I have been able to obtain information from history.

The greatest part of governments have been founded on conquest; perhaps a few early ones may have had their origin in paternal authority. Sometimes a family united, and that family afterwards extended itself into a community. But the greatest governments which have appeared on the face of the globe have been founded in conquest. The great empires of Assyria, Persia, Macedonia and Rome, were all of this kind. I know well that in Great Britain, since the revolution, it has become a principle that the constitution is founded in contract; but the form and time of that contract no writer has yet attempted to discover. It was, however, recognized at the time of the revolution, therefore is politically true. But we should act very imprudently to consider our liberties as placed on such foundation.

If we go a little further on this subject, I think we see that the doctrine of original compact cannot be supported consistently with the best principles of government. If we admit it, we exclude the idea of amendment; because a contract once entered into between the governor and governed becomes obligatory, and cannot be altered but by the mutual consent of both parties. The citizens of United America, I presume, do not wish to stand on that footing, with those to whom, from convenience, they please to delegate the exercise of the general powers necessary for sustaining and preserving the Union. They wish a principle established, by the operation of which the legislatures may feel the direct authority of the people. The people possessing that authority, will continue to exercise it by amending and improving their own work. This constitution may be found to have defects in it; amendments hence may become necessary; but the idea of a government founded on contract, destroys the means of improvement. We hear it every time the gentlemen are up, "Shall we violate the confederation, which directs every alteration that is thought necessary to be established by the State legislatures only?" Sir, those gentlemen must ascend to a higher source; the people fetter themselves by no contract. If your State legislatures have cramped themselves by compact, it was done without the authority of the people, who alone possess the supreme power.

I have already shown, that this system is not a compact or contract; the system itself tells you what it is; it is an ordinance and establishment of the people. I think that the force of the introduction to the work, must by this time have been felt. It is not an unmeaning flourish. The expressions declare, in a practical manner, the principle of this constitution. It is ordained and established by the people themselves; and we, who give our votes for it, are merely the proxies of our constituents. We sign it as their attorneys, and as to ourselves, we agree to it as individuals.

--James Wilson, December 11th 1787, PA's ratifying convention...

[Hillary] won't enter the DNC primaries...the only question is what the excuse will be when the time comes.

Badeye posted on 2007-04-12 14:40:38 ET Reply Trace

war  posted on  2010-02-02   10:19:53 ET  Reply   Trace   Private Reply  


#2. To: A K A Stone (#0)

From what I'm to gather from this is that the Preamble and the Constitution of the US. binded together were not originally written to serve as a contract between individual citizens and the State unless the citizens have agreed to it.

Now how does this affect the amendments to the Constitution and amending a so-called "contract" as we have all been misled to believe exist?

goldeeluckx  posted on  2010-02-04   7:26:27 ET  Reply   Trace   Private Reply  


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