The “miracle” that unfolded at the city of Philadelphia in 1787 was one that took place in slow motion, as delegates to the United States Constitutional Convention slowly and painfully hammered out one compromise after another over five hot and humid summer months. Yet when that time was over, a miracle of sorts had occurred; thirteen fractious ex-colonies had the organic law that would bring them together as a strong and unified nation. And Catherine Drinker Bowen captures well the improbable, “miraculous” quality of that sequence of events in her 1966 book Miracle at Philadelphia.
Bowen, a former music student from the Philadelphia-area college town of Haverford, Pennsylvania, was a self-taught historian and biographer. While her work was sometimes pooh-poohed by “serious” academic historians, her biographies and historical works quickly gained a wide and appreciative audience, and her biography of lawyer Sir Edward Coke won a National Book Award. Formal training or no, Bowen knew how to recount history with an emphasis on the drama and dynamism of what happened in a crucial historical moment; and this book – The Story of the Constitutional Convention, May to September 1787 (the book’s subtitle) – is a history that reads like a suspense novel with an 18th-century setting.
After emphasizing the turbulent circumstances under which the Constitutional Convention met – Shays’ Rebellion had occurred just one year earlier, and the existing Articles of Confederation had proved absolutely unworkable as a system of government – Bowen captures the drama of moments like that when delegate Roger Sherman of Connecticut saw a seemingly unbridgeable divide and came up with a way to bridge it.
Big states like Virginia and Massachusetts wanted proportional representation, as that would give them power within the stronger Union proposed by the convention’s organizers. Small states like Delaware, by contrast, wanted the same representation for each state, so that they could not be overwhelmed by the large states. James Madison, who took extensive notes (even though delegates to the Convention were not supposed to do so), recorded that Sherman “proposed that the proportion of suffrage in the 1st branch [the House] should be according to the respective number of free inhabitants; and that in the second branch or Senate, each state should have one vote and no more” (p. 94). It was the “Great Compromise” that helped to make a great nation.
Yet not all compromises are great, or even good. Once the big-state, small-state issue had been ironed out, the convention had to move on to the issue of slavery. The states of the Deep South – meaning, at that time, Georgia and the Carolinas – had made it painfully clear that they would not sign on to any new Constitution that challenged their “right” to hold fellow human beings in bondage. The South wanted enslaved people counted for purposes of representation in the House of Representatives, but not for taxation. The North wanted enslaved people counted for taxation, but not for representation.
What ultimately resulted is what Bowen aptly calls “a bargain…with a kind of brutal expediency”; under a particularly grotesque compromise, “slaves would be counted, for purpose of representation and taxes, in the proportion of five slaves to three free white inhabitants – the ‘federal ratio’” (pp. 200-201). This was the infamous “three-fifths compromise” – in effect, a declaration that an enslaved African American would be counted as three-fifths of a white person. The mind recoils at the idea – and at the realization that, in spite of passionate denunciations of slavery by delegates as diverse as Gouverneur Morris and George Mason (himself a slaveholder), the Framers effectively kicked the issue down the road. It was left to the Civil War generation, 75 years later, to end slavery and give the American Union a new birth of freedom.
Bowen tries gamely to make the best of the Framers’ decision, writing that “Without disrupting the Convention and destroying the Union they could do no more. The time was not yet come” (p. 204); but to this day, it is painful to read the Constitution and see the elaborate contortions of language by which the original document refers to slavery without ever using the word “slavery.”
Bowen also emphasizes the difficulties over ratification of the Constitution, once the document had been passed out of the Convention and sent to the states. Article VII of the Constitution specified that, in order to have the force of law, the Constitution would have to be ratified by nine out of the thirteen states. The original Constitution had no Bill of Rights – Alexander Hamilton was among those who considered a Bill of Rights unnecessary – but many Americans were concerned about a document that so greatly strengthened the United States Government without providing some measure of protection for the rights of individual citizens.
This concern made for some inspired debates in the individual states. In Virginia, for example, Governor Edmund Randolph, as a delegate to the Philadelphia convention, had refused to sign the Constitution in its original form; but once he was back at home in Virginia, and the Constitution was up for a yes-or-no vote, he called for ratification. In order that the United States of America might have “a firm, energetic government”, Randolph said, he was willing “to concur in any practical scheme of amendments” (p. 301) – even if that meant waiting until after the Constitution was ratified to amend it with a Bill of Rights. Opposing Randolph, with all the famous power of his oratory, was Patrick Henry, who thundered that “To enter into a compact of government, and then afterwards to settle the terms of this compact, was an idea dreadful, abhorrent to his mind” (p. 302). No one, whether Federalist or Anti-Federalist, could help being moved by such a debate. It would have been a great thing to witness first-hand.
Some readers of Miracle at Philadelphia might have wanted to see more emphasis on the manner in which the Framers settled upon the Electoral College as a method of choosing a president. Bowen dutifully notes that it took 60 ballots to settle the question, and that “repeatedly, delegates fell upon it as if never before debated.” She adds that James Madison “remained opposed to popular election, one of his arguments being that people would prefer a citizen of their own state, thereby subjecting the small states to a disadvantage” (pp. 189-90). Many of the Framers, coming as they did from the elite of their respective states, were famously distrustful of direct democracy, seeing in it the potential for “mob rule.”
Yet we now live in a century when two separate presidential elections have seen the loser of the popular vote win the Electoral College and become president. In 2016, Donald Trump lost the popular vote to Hillary Clinton by three million votes -- three-quarters of the entire population of the United States in 1790, according to the first federal census -- and yet still became president. Would the Framers really have considered such an outcome appropriate? Would their distrust of democracy really have gone so far?
Nonetheless, with all of its problems and imperfections, the United States Constitution remains a great formative document for the U.S.A. This nation, through all the turbulence of its history, has functioned under the same constitution for more than 230 years – a record that many other nations might envy. Moreover, the American constitution has inspired and influenced the constitutions of many other countries as they have endeavoured to establish or further democracy in their own societies. It does seem as though there was something “miraculous” about the process by which the Constitution was written and ratified, and Catherine Drinker Bowen conveys the drama of that historical moment well in Miracle at Philadelphia.