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Fifth Virginia Convention

From Wikipedia, the free encyclopedia

Edmund Pendleton, the presiding officer of the Fifth Virginia Convention

The Fifth Virginia Convention was a meeting of the Patriot legislature of Virginia held in Williamsburg from May 6 to July 5, 1776. This Convention declared Virginia an independent state and produced its first constitution and the Virginia Declaration of Rights.

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Transcription

Hi, I'm Craig, and this is Crash Course Government and Politics, and today we're going to talk about the single most important document in America, one that we'll be talking about a lot over next few months. No, I'm not talking about O Magazine - it's the United States Constitution, and what we're really gonna focus on is how it got made and how it became the foundation of our government. Those of you who watched the U.S. History series with John Green probably remember that the government set up by the Constitution is actually the second attempt at an American government. Also, as pointed out in the comments, you probably noticed that I am not John Green. The first American government, which was in place during the Revolutionary War and for almost 10 years afterwards, was the Articles of Confederation. Like many first attempts, the Articles government had some good ideas and it meant well, but it was poorly executed. Give it a break, it never did this before! So when delegates gathered in Philadelphia in 1787 to revise the Articles, they ended up scrapping the whole thing and creating a new Constitution. It's probably not because they didn't know what revise meant. So, the delegates from the various states each had their own agendas at the Constitutional Convention, and that made it difficult for them to agree on what the new government should look like. In order to hammer out a Constitution, they had to do something you don't see very much of in government these days - compromise. Oh, let's compromise, I'm sorry, eagle, I didn't mean... Before we get into what those compromises were, it's kinda necessary to look at what was so bad about the Articles government in the first place. The main thing was it really couldn't govern. There was no executive branch or president and no judiciary to settle disputes. It was basically just a congress where each state was equally represented and they all pretty much had veto power and could sink legislation they didn't like. All decisions were collective, which meant that very few decisions were actually made, because it's really hard to get 13 people to agree on something that will be in the interest of all 13. I can barely agree with Stan on anything. Right, Stan? He said wrong. Most important, the Articles government had no power to levy taxes, which meant that if it needed any money to do, well, anything, it had to ask for the money from the states, which were free to say, "No, I don't think we'll be giving you any money today. ...or tomorrow. Or ever." As I remember from my college years - and I don't remember much - living without money is awful. Without money, it's pretty much impossible for a government to do anything, except buy ramen noodles. The Articles government was able to accomplish one notable thing, though. One of the big issues it had to deal with was Americans moving out West, which in the 1770's and 80's meant to places like Ohio and Indiana that weren't states yet. The government managed to set up rules for these settlements in the Northwest Ordinance of 1787, which set up a system for eventual statehood. But most importantly, it forbade slavery in these territories, which, as students of American history know, was kind of a big deal. You wouldn't know that, you're not a student of American history. You're a symbol of America, bird! I'm not gonna punch you. Other than that, though, the Articles government was a flop. And the very thing that made it so ineffective threatened to screw up any attempts at new government, too. This was the issue of competing interests between different states, more specifically the states with large populations and the smaller states. Basically, a state with a large population like, say, Virginia, had different needs than a state with a small population, like Delaware. More importantly, large states might stand to benefit more from any government spending. When the delegates decided to make a new congress, these large population states wanted the number of representatives to that congress to be proportional to the states' populations, which would mean that the larger states would have more representatives than the smaller ones. This idea, a large congress made up of many delegates, was called The Virginia Plan. Because it was put forward by the delegates from Wisconsin. Just kidding...Virginia. The delegates from small New Jersey put forward a plan that would have a congress where each state would send an equal number of representatives. In other words, something that looked a lot like the Articles government. This New Jersey Plan would prevent smaller states from being dominated by the larger states, and also ensure that the large states wouldn't be able to vote themselves a bigger share of government spending. These two opposing interests threatened to scuttle the whole new government thing until Roger Sherman from Connecticut proposed The Great Compromise, that gave us bicameral legislature that we talked about in episode two, and we've all come to know and love, sometimes. So The Great Compromise meant that we would have a two-house legislature, but this wasn't the only issue related to how the seats in Congress would be apportioned. The membership in the House would be based on the state's population, but at the time there was an issue about how to count that population. The issue was slavery. More specifically, how to count slaves as part of a state's population. Let's go to the Thought Bubble. The states with large slave populations, like South Carolina and Virginia, had a pretty big interest in counting these slaves for the purposes of determining representation. And the states with few slaves didn't want them counted at all. Because this would mean that the white non-slave people in those states with lots of slaves would effectively be better represented than the white non-slave people in the states with few slaves. The delegates at the Constitutional Convention solved this problem with another compromise that was decidedly less great. Article 1 Section 2 of the Constitution includes the following clause: "Representatives and direct taxes shall be apportioned among the several states which may be included within this union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons." If you're looking for the word "slave," you won't find it. They're the ones described by the phrase, "three-fifths of all other persons." This is the notorious Three-Fifths Compromise. What it means is that in order to determine how many representatives a state has, you count the number of free people in the state, including indentured servants, and add to that number three-fifths of the number of non-free persons, otherwise known as slaves. So in terms of counting, each slave was worth three-fifths of each free person. Thanks, Thought Bubble. Anyway, this meant that states with large populations of slaves would be disproportionately represented in Congress, but not quite so badly that most northern states with small numbers of slaves wouldn't vote for the Constitution. What this also did was enshrine the idea that slaves, who were mostly black, were worth less than free people, who were mostly white. And it embedded slavery into the Constitution. So before this constitution of compromise could go into effect, it had to be ratified by at least 9 of the 13 states. So each state had a special convention where delegates could vote on whether or not to adopt the new constitution. These conventions were more open to the public than the Constitutional Convention itself, and the ratification process is the reason why some people say the Constitution is based on the will of the people. But not everybody wanted the Constitution, and they needed convincing. This is where things get a little confusing. Did you want the Constitution? Did ya? In 1787, public opinion about the Constitution was pretty evenly divided. Those who wanted the Constitution were called Federalists, largely because of the Federalist Papers, a series of articles written by Alexander Hamilton, James Madison, and John Jay. They wrote the Federalist Papers to convince voters in New York to ratify the Constitution. And since New York did eventually ratify the document, I guess they worked. But we should listen to both sides of the argument...in the Clone Zone. So joining us in the Clone Zone today will be Federalist Clone and Anti-Federalist Clone. Let's hear from Federalist Clone first. Feddy? Can I call you Feddy? No. The Federalists were the incredibly intelligent Americans who thought that a strong central government would benefit the country as a whole. They tended to come from cities, and often they represented commercial classes, especially wealthy people, who had lent money to the government during the Revolution. They liked the new Constitution because they felt that a strong national government would pay its debts, and this was good for business. They also tended to want stronger ties with England, again because England was a good trading partner. Given the raging success of the Articles government, it's pretty clear that the Federalists were right. Okay, now let's hear from Anti-Federalist Clone. How do you respond, Anti? I'm not your aunt! Sure, Federalists were right to believe in tyranny. Anti-Federalists were right to be skeptical of a large government that would trample on our individual liberties. They didn't want a big government that would tax them to death, and possibly take away their slaves. In general, Anti-Federalists felt that states would be the best protectors of people's rights and liberties, because being smaller, they would be more responsive to people's needs. Okay? The Anti-Federalists published pamphlets and articles, too. But we weren't quite as organized, so we didn't have a coherent set of Anti-Federalist Papers to push on government students. Okay, okay, you seem really mad about this. I am. But you eventually lost the debate. I did. Huzzah! How come he got to shoot fireworks-- --I didn't know he was gonna-- --I wanna shoot fireworks-- Okay? I'm sorry, I'm sorry--next time. You can have fireworks. So the Federalist position won out and the Constitution was ratified. And that's the government that Americans have been living under ever since. Hooray! Because the Constitution was passed, we tend to think that everyone loved it. But it wasn't nearly as clear-cut as hindsight makes it appear. Eventually, the Federalists had to offer another compromise, promising a Bill of Rights in the first ten amendments. This isn't called one of the constitutional compromises because it happened outside of the Convention, but it was yet another example of how different interests had to give a little in order to get a Constitution passed. It's very important to remember that compromise, the idea of balancing interests and giving a little to get a lot, is embedded in the Constitution. While today it seems like a political dirty word, compromise is the basis of the American government itself. Thanks for watching. I'll seeya next week. Well, I'll compromise. Seeya in a week and a half. Let's face it; Stan's probably not going to get this done in time anyway. Crash Course Government and Politics is produced in association with PBS Digital Studios. Support for Crash Course U.S. Government comes from Voqal. Voqal supports non-profits that use technology and media to advance social equity. Learn more about their mission and initiatives at voqal.org. Crash Course was made by all of these nice people at the Chad and Stacy Emigholz Studio, in tropical Indianapolis. Thanks for watching. I'm going to the beach.

Background and composition

The previous Fourth Virginia Convention had taken place in Williamsburg, in December 1775. In Philadelphia, the Second Continental Congress appointed George Washington commander of the Continental Army troops that then surrounded Boston, and Virginia patriots defeated an advancing British expeditionary force at the Battle of Great Bridge southeast of Norfolk.

The newly elected delegates to the Fifth Virginia Convention re-elected Edmund Pendleton as its president on his return from Philadelphia as presiding officer of the First Continental Congress. The membership could be thought of as belonging to one of three groups: radicals from western Virginia, who had agitated for independence from Britain even before 1775; philosophers of the American Enlightenment; and wealthy planters, largely from the east. A malapportionment of delegates granted disproportionate influence to this latter group.[1]

Meeting

The Convention convened from May 6 to July 5, 1776, at the colonial capitol in Williamsburg. It elected Edmund Pendleton its presiding officer after his return as president of the First Continental Congress in Philadelphia.

There were three parties in the Fifth Convention. The first was mainly made up of wealthy planters, who sought to continue their hold on local government as it had grown up during colonial Virginia's history. These included Robert Carter Nicholas Sr., who opposed the Declaration of Independence from King George III. It dominated the convention by a malapportionment that lent an advantage to the slaveholding east. This party likely ensured the continuation of slavery at a time when other states had already begun ending it with gradual emancipation.[2] It ensured the continued self-perpetuating gentry rule of county government with a franchise limited by property requirements underpinning the republican form of state government.[3] The second party was made up of the intellectuals of the Enlightenment-era lawyers, physicians, and aspiring young men. These included the older generation of George Mason, George Wythe, Edmund Pendleton, and the younger Thomas Jefferson and James Madison.[4] The third party was a minority of young men mainly from western Virginia in present-day West Virginia. This party was led by Patrick Henry and others who supported independence from Britain prior to 1775.[5]

On May 15, the Convention declared that the government of Virginia as "formerly exercised" by King George III in Parliament was "totally dissolved" in light of the King's repeated injuries and his "abandoning the helm of government and declaring us out of his allegiance and protection".[6] The Convention adopted a set of three resolutions: one calling for a declaration of rights for Virginia, one calling for the establishment of a republican constitution, and a third calling for federal relations with whichever other colonies would have them and alliances with whichever foreign countries would have them. It also instructed its delegates to the Continental Congress in Philadelphia to declare independence. Virginia's congressional delegation was the only one under unconditional positive instructions to declare independence; Virginia was already independent of Parliament as the "fourth realm" of British Empire, but its convention did not want their state, in the words of Benjamin Franklin, to "hang separately."

According to James Madison's correspondence for that day, Williamsburg residents marked the occasion by taking down the Union Jack from over the colonial capitol and running up a continental union flag, keeping the Union Jack of the British Empire in the canton and adding the thirteen red and white stripes of the self-governing East India Company.[7]

Outcomes

The colonia Virginia Capitol in Williamsburg, where the Fifth Virginia Convention met in 1776

On June 7, Richard Henry Lee, one of Virginia's delegates to the Second Continental Congress in Philadelphia, carried out the instructions to propose independence in the language the convention had commanded him to use: that "these colonies are, and of right ought to be, free and independent states." The resolution was followed in Congress by the adoption of the American Declaration of Independence, which reflected its ideas.[8]

The convention amended, and on June 12 adopted, George Mason's Declaration of Rights, a precursor to the United States Bill of Rights. On June 29, the convention approved the first Constitution of Virginia. The convention selected Patrick Henry as the first governor of the new Commonwealth of Virginia, and Henry was inaugurated as governor on June 29, 1776, allowing Virginia to establish a functioning republican constitution a few days before the Second Continental Congress declared their independence on July 4, 1776.[9]

Notable attendees and chart of delegates

{{columns-list|colwidth=22em|

The delegates to the Virginia Convention of 1776 – elected in 1776 (One hundred and thirty-two members, two from each county, and one each from the Boroughs of Jamestown, Williamsburg, Norfolk, and the College of William and Mary)[10]

County/City Name Comments
Accomac Southey Simpson
Accomac Isaac Smith
Albemarle Charles Lewis
Albemarle George Gilmer for Thomas Jefferson
Amelia John Tabb
Amelia John Winn
Amherst William Cabell
Amherst Gabriel Penn
Augusta Thomas Lewis
Augusta Samuel McDowell
West Augusta John Harvie
West Augusta Charles Simms
Bedford John Talbot
Bedford Charles Lynch
Berkeley Robert Rutherford
Berkeley William Drew
Botetourt John Bowyer
Botetourt Patrick Lockhart
Brunswick Frederick Maclin
Brunswick Henry Tazewell
Buckingham Charles Patteson
Buckingham John Cabell
Caroline Hon. Edmund Pendleton Presiding officer
Caroline James Taylor
Charlotte Archibald Cary
Charlotte Benjamin Watkins
Charles City William Acrill
Charles City Samuel Harwood for Benjamin Harrison
Chesterfield Hon. Paul Carrington
Chesterfield Thomas Read
Culpeper French Strother
Culpeper Henry Field
Cumberland John Mayo
Cumberland William Fleming
Dinwiddie John Banister
Dinwiddie Bolling Starke
Dunmore Abraham Bird
Dunmore John Tipton
Elizabeth City Wilson Miles Cary
Elizabeth City Henry King
Essex Meriwether Smith
Essex James Edmundson
Fairfax John West, Jr.
Fairfax George Mason Bill of Rights
Fauquier Martin Pickett
Fauquier James Scott
Frederick James Wood
Frederick Isaac Zane
Fincastle Arthur Campbell
Fincastle William Russell
Gloucester Thomas Whiting
Gloucester Lewis Burwell
Goochland John Woodson
Goochland Thomas M. Randolph
Halifax Nathaniel Terry
Halifax Micajah Watkins
Hampshire James Mercer
Hampshire Abraham Hite
Hanover Patrick Henry
Hanover John Syme
Henrico Nathaniel Watkinson
Henrico Richard Adams
Isle of Wight John S. Wills
Isle of Wight Charles Fulgham
James City Robert C. Nicholas
James City William Norvell
King and Queen George Brook
King and Queen William Lyne
King George William Fitzhugh
King George Joseph Jones
King William William Aylett
King William Richard Squire Taylor
Lancaster James Seldon
Lancaster James Gordon
Loudoun Francis Peyton
Loudoun Josiah Clapham
Louisa George Meriwether
Louisa Thomas Johnson
Lunenburg David Garland
Lunenburg Lodowick Farmer
Mecklenburg Joseph Speed
Mecklenburg Bennett Goode
Middlesex Edmund Berkeley
Middlesex James Montague
Nansemond Willis Riddick
Nansemond William Cowper
New Kent William Clayton
New Kent Bartholomew Dandridge
Norfolk James Holt
Norfolk Thomas Newton
Northampton Nathaniel L. Savage
Northampton George Savage
Northumberland Rodham Kenner
Northumberland John Cralle
Orange James Madison, Jr.
Orange William Moore
Pittsylvania Benjamin Lankford
Pittsylvania Robert Williams
Prince Edward William Watts
Prince Edward William Booker
Prince George Richard Bland
Prince George Peter Poythress
Prince William Henry Lee
Prince William Cuthbert Bullitt
Princess Anne William Robinson
Princess Anne John Thoroughgood
Richmond Hudson Muse
Richmond Charles McCarty
Southampton Edwin Gray
Southampton Henry Taylor
Spotsylvania Mann Page
Spotsylvania George Thornton
Stafford Thomas Ludwell Lee
Stafford William Brent
Surry Allen Cocke
Surry Nicholas Faulcon
Sussex David Mason
Sussex Henry Gee
Warwick William Harwood
Warwick Hon. Richard Cary
Westmoreland Richard Lee
Westmoreland John Augustine Washington for Richard Henry Lee
York Dudley Digges
York Thomas Nelson, Jr. William Digges
Jamestown Champion Travis
Williamsburg Edmund Randolph for George Wythe
Norfolk Borough William Roscow Wilson Curle
College of William and Mary John Blair

See also

References

  1. ^ Grigsby 1855, p.110, 67
  2. ^ Grigsby 1855, p.110, 67
  3. ^ Tartar 2013, p. 115
  4. ^ Grigsby 1855, p.110, 6
  5. ^ Grigsby 1855, p.110, 148
  6. ^ The Avalon Project at Yale Law School, "Constitution of Virginia; June 29, 1776" viewed April 14, 2016.
  7. ^ Andrews 1937, p. 327. The flag for the perpetual union of the United States would feature a circle constellation of thirteen stars fixed in the heavens of a blue canton along with thirteen red and white stripes.
  8. ^ Heinemann 2008, p. 124, 126
  9. ^ Heinemann 2008, p. 124, 126
  10. ^ Pulliam 1901, p. 18-19

Bibliography

External links

This page was last edited on 29 January 2024, at 00:24
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